6 comments:

I made a photomanip of Queen Elizabeth in her science officer's uniform---thought she needed a little company--someone to go to a Christmas party with? :)--Your old ("old") fan, Frescahttp://gugeo.blogspot.com/2017/01/old-new.html

A "dive bar" is a somewhat disreputable, usually rather run-down bar serving a local clientele with cheap, simple drinks. Often it's thought of as the kind of place with peeling decor, sticky floors, perhaps watered-down whiskey, and somewhat unpleasant customers. If you're in a dive bar, you'll know it. I mean really, ladies, you're technologically advanced enough to do a long-time podcast, but you can't use a search engine?!

Oh, dear. You guys, the whole problem with Henry Jenkins testifying in the Axanar trial as an "expert witness" is that his *entire argument* consists of his academic judgment that fan fiction (and by extension, fan works) are *by their very nature* transformative. Trouble is, "transformativeness" is a LEGAL definition, NOT an academic one, and it depends entirely upon a work being parody. Nothing else. A fan work judged by an academic expert in fan culture to be "transformative" has no bearing at all on, and no relevancy to, the question of whether that work meets the legal definition of being "transformative". Since Jenkins is not a legal expert, and the defense knew this, they tried to embed his argument within the argument of an actual unnamed (but known) legal expert in order to try to qualify him as an "expert witness".

Update RE Henry Jenkins as expert witness: The defense today, in response to the judge's ruling on the motions for summary judgment, adjusted the scope of Jenkins' proposed expert witness testimony to eliminate any references to the transformativeness of fan works. Judge Klausner's ruling denied the defense's fair use argument which depended on transformativeness. The trial will adjudicate only the very limited question of whether or not the defendant's copyright infringement was willful infringement. If/when any appeal to the Ninth Circuit occurs, the appeal can include the fair use issue as a basis. However, no witness testimony occurs before the appellate court, which only reviews the trial, judicial, and documentary record and hears arguments on points of law from the attorneys. Mr. Jenkins will never be heard on the subject of fair use and transformativeness.